1.0 Definitions
1.1 Harrison Benn, registered office, 22 Hainge Road, Oldbury, Birmingham, B69 2NH as may participate in the performance of the contract.
1.2 “Client” means the person, firm or company or other trading organisation to which the services are supplied subject to these conditions.
1.3 “The Service” means:
- (a) Removal of Waste and unwanted materials and any subsequent treatment, disposal, or recovery as specified in the full terms and conditions.
- (b) Supply of any equipment, containers etc. for use by the client as part of the service in (a) above.
- (c) Processing includes the loading operations associated with (a) above, transport, decontamination and any other handling operation associated with (a) above.
1.4 “Waste Materials” means unwanted, redundant surplus equipment, chemicals, residue, packaging or other waste used by a Client or no longer required by a Client or which a Client wishes to dispose of (See Clause 1.4 of contract for list).
1.5 “Hazardous” means Materials that contain hazardous substances as defined by the Hazardous Waste Regulations 2005.
1.6 “The Agreement” means the Contract for the provision of the Service by Harrison Benn to the Client.
2.0 Payment
2.1 The client will pay Harrison Benn the charges for the services as indicated on the Contract or Harrison Benn’s standard charges in force at the time of collection. All sums due are payable within 30 days of the date of the relevant invoice.
2.2 Visits in addition to those set down in the contract for collections or the supply of containers or equipment can be made at the customers request but will be subject to additional charges as set down either in the Contract or on Harrison Benn’s schedule of current charges.
2.3 Harrison Benn will credit the client for recoverable material content, less charges, as indicated on the contract. This credit will be made either by way of credit to charges or by payment as agreed by prior arrangement with the Client. Where possible credits will be paid within 30 days of the date of the invoice however Harrison Benn maintain the right to withhold payment in lieu of outstanding charges accrued by the client.
2.4 Unless agreed in writing prior to collection then Harrison Benn’s analysis will be binding in any calculation of material credits.
2.5 The Harrison Benn charges on the Contract only apply to the initial 12 month term of the contract after which they are subject to variation. Any increase in Harrison Benn charges will be notified to the Client at least 30 days before commencement of the renewal period to which the increase applies. Such notice will not apply to fees or charges levied by a third party.
2.6 If the client fails to make any payment that is due, Harrison Benn reserves the right to suspend the provision of any service.
3.0 Client Obligations
3.1 The client warrants and agrees that at all times the Waste Materials that the Client presents for removal pursuant to the contract shall exclude any materials and substances not included in clause 1.4 of the Agreement and agrees that all Waste Material should be placed in the waste storage containers specifically marked and provided for them where applicable but in containers suitable for the waste where no containers have been provided. Containers will be collected from a suitable, safe access point to the premises.
3.2 The Client will comply with the Control of Pollution Act 1974, The Environmental protection (Duty of Care) Act 1990 and any other legal requirements, including the provision of documentation, required for the handling of Waste Materials.
3.3 The Client will, prior to collection, supply Harrison Benn with any data or information which Harrison Benn considers necessary as well as identify any risks in the handling of the Waste Materials, and complete any and all documentation required by law.
3.4 The Client shall hold harmless and indemnify Harrison Benn, its Directors, Officers and Employees in respect of any loss or damage, claims, costs, liabilities and expenses arising from any breach of the Client’s obligations under the contract or of a breach of legal requirements by the client.
3.5 The Client will access their quarterly returns, as required by Regulation 54 of the Hazardous Waste (England and Wales) Regulations 2005, by using their unique Member Login on the Harrison Benn.co.uk website. The Return is in the Format set out in Schedule 8 of these Regulations and will be updated within one month of the end of that quarter.
4.0 Harrison Benn Obligations
4.1 Harrison Benn agrees at all times:
- (a) to carry out the services in a safe, efficient and professional manner;
- (b) to comply with all applicable Health and Safety Legislation, Environmental Legislation, British and European Standards, and Codes of Practice concerning the collection, transportation, treatment and recycling of the materials listed in clause 1.4 of the Agreement. In this respect Harrison Benn warrants that it is (i) the holder of a current and valid Waste Management License pursuant to Section 35 of the Environmental Protection Act 1990and (ii) a properly registered carrier of controlled waste pursuant to section 2 of the Control of Pollution (Amendment) Act 1989;
- (c) to engage as collection agents only for properly registered carriers of controlled waste pursuant to section 2 of the Control of Pollution (Amendment) Act 1989 and to carefully supervise all activities of such collection agents in connection with the Contract.
4.2 Harrison Benn shall hold harmless and indemnify the Client against any loss or damage to the environment or property or injury to, or death of, any person caused by any negligent act or omission or wilful misconduct of Harrison Benn and its servants, agents or sub-contractors. Except in respect of injury to, or death of, any person (for which no limit applies) the liability of Harrison Benn hereunder in respect of each event or series of connected events shall not exceed £1,000,000.
4.3 Harrison Benn shall be responsible for the value of any Waste Materials lost as a result of the failure of any of the tanks or containers supplied for the collection of Waste Materials but not for any other harmful consequence or consequential loss arising from such failure.
4.4 In the event of a suitable, safe access point from which to collect the waste not being available, then Harrison Benn reserve the right to refuse the collection. In the event that the lack of a suitable, safe access point requires waste to be transported through the premises then Harrison Benn shall not be liable for any damage caused by the operation of transporting the waste to a suitable, safe access point.
5.0 Conditions
5.1 No variations or alterations of these conditions shall be binding on Harrison Benn unless agreed in writing by, or on behalf of, Harrison Benn by an authorised representative. All orders by the Client for the Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these conditions. Performance of the Services by Harrison Benn shall be deemed conclusive evidence of the Client’s acceptance of these conditions. These conditions shall remain in force until such time as Harrison Benn adopts revised conditions and notifies the client of the substitution of these conditions by the revised conditions.
6.0 Terms
6.1 The Contract shall be for an initial term of 12 months unless otherwise as agreed in writing. Upon expiry of this 12 month period, the Contract shall be automatically renewed unless either party to the Contract sends written notice of non-renewal to the other party at least sixty days prior to the commencement of the renewal term. In the event that the client terminates the contract within the term, the Client will be liable for the full cost of equipment as supplied by Harrison Benn or the cost of the removal of the same.
6.2 In the event that the Client wishes to terminate this Agreement at any time other than provided for in 6.1 above the Client agrees to pay Harrison Benn as liquidated Damages a sum equal to pro rata charge based on the average over the last 12 months of Trading.
6.3 Times and Dates quoted by Harrison Benn for undertaking the Services are intended as estimates only and will not be of the essence of the Contract in this respect.
6.4 Unless agreed otherwise in writing, all prices quoted to the Client are exclusive of Value Added Tax, or any similar tax levied by the Government on the value of services, which shall be added to the invoice and paid by the Client.
6.5 All prices quoted to the Client are exclusive of Local Government and Central Government fees or any other similar charges so levied on the Handling and Disposal of Waste. These charges will be added to the invoice and paid by the Client.
7.0 Validity
7.1 If any condition or any part of any condition is held by any court or competent authority to be void or unenforceable, in whole or in part, these Terms and Conditions will continue to be valid as to all other provisions and the remainder of the provision.
8.0 Waiver
8.1 No waiver or forbearance by Harrison Benn or the Client whether express or implied in enforcing any of its rights under these Conditions will prejudice its rights to do so in future.
9. Jurisdiction
9.1 These Terms and Conditions and the Contract shall be governed by the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.
